PRESENT: SMITH, J. P., FAHEY, PERADOTTO, GREEN, AND PINE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00448
DOCKET NOS. NN-784-787-08, NN-784-787-08/08A

MATTER OF DUSTIN AND KAITLYN B., ALEXIS S. AND JOHN L. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; DONALD M., RESPONDENT, AND JANNA M., RESPONDENT-APPELLANT.

Respondent-appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Oswego County, entered in the Office of the Clerk of said Court on October 24, 2008, and for relief pursuant to CPLR § 5520 (c),

Now, upon reading and filing the affirmation and certification of Jean A. Brown, Esq., dated March 16, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is in all respects granted, and

It is further ORDERED that John M. Murphy, Jr., Esq., 440 Main Street, Phoenix, New York 13135, is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of the Family Court, Oswego County, is hereby directed to provide John M. Murphy, Jr., Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, and

It is further ORDERED that the transcripts, if any, shall be filed with the Clerk of the Family Court, Oswego County, within 30 days of the date of this order, pursuant to Family Court Act § 1121 (7), and

It is further ORDERED that the notice of appeal filed February 11, 2009, shall be treated as valid as to the order of Family Court entered October 24, 2008 (see CPLR § 5520 [c]).

Entered: April 29, 2009

PATRICIA L. MORGAN, Clerk